Sanjay Ram @ Sanjay Kumar Ranjan And ANR v. The State Of Bihar

Patna High Court Cr.Misc. No.53840 of 2018 (02) dt.12-09-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53840 of 2018 Arising Out of PS.Case No. -39 Year- 2018 Thana -BAGENGOLA District- BUXAR ======================================================

1. Sanjay Ram @ Sanjay Kumar Ranjan, Son of Nagina Ram,

2. Vijendra Paswan, Son of Thehu Paswan @ Late Raghubansh Paswan, Both resident of Village- Bhada, P.S.- Bagengola, District- Buxar. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Anil Kumar Singh-Advocate For the Opposite Party/s : Mr. Bisheshwar Ram-A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER 12-09-2018 Heard learned counsel for the petitioners as well as learned Additional Public Prosecutor.

Informant, Daya Shankar Pandey filed written report on 24.06.2018, disclosing therein that on the same day at about 8.00 A.M., a mob came from Harijan Toli and began to assault his family members, brother Daya Shankar Pandey, Gupteshwar Pandey, Ranjit Pandey as well as they also took away Rs.1,35,000/-, which was kept in a box. He identified so many persons including these two petitioners, out of the mob. It has been submitted at the end of the learned counsel for the petitioners that the members of the prosecution party were the aggressor as they forbade Harijan Toli to take bath in a pond which was defined and for that, they were brutally

Patna High Court Cr.Misc. No.53840 of 2018 (02) dt.12-09-2018 assaulted and for that, they have instituted a case prior to institution of this case bearing Bagengola P. S. Case No.38 of 2018. Also submitted that there happens to be omnibus allegation irrespective of the fact that both the parties are co-villagers. On the other hand, learned Additional Public Prosecutor opposed the prayer.

Considering the nature of the allegation, petitioners, Sanjay Ram @ Sanjay Kumar Ranjan and Vijendra Paswan are directed to be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate-1st, Buxar in the event of their arrest or surrender within four weeks in connection with Bagengola P. S. Case No.39 of 2018, subject to condition as laid down under Section 438(2) of the Cr.P.C.

(Aditya Kumar Trivedi, J) Vikash/- U T